Fair Share Payment Sample Clauses

The Fair Share Payment clause establishes a mechanism to ensure that costs or payments are distributed equitably among parties involved in an agreement. Typically, this clause outlines how each party's share is calculated, such as dividing expenses based on usage, ownership percentage, or another agreed metric. By clearly defining each party's financial responsibility, the clause helps prevent disputes over payment obligations and ensures that no party bears an unfair portion of the costs.
Fair Share Payment. The monthly fair share payment shall be as established by the OFNHP in accordance with applicable law, but in no event shall be greater than the monthly dues paid by members of the OFNHP. Fair share payment shall be made to the OFNHP or, for persons with religious objections, to any lawfully recognized charity.
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Fair Share Payment. The monthly fair share payment shall be as 6 established by the Association, but in no event shall be greater than the monthly 7 dues paid by members of the Association. Fair share payment shall be made to 8 the Association.
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Fair Share Payment. The monthly fair share payment shall be as 2 established by the ONA in accordance with applicable law, but in no 3 event shall be greater than the monthly dues paid by members of the
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Fair Share Payment. During the term of this Agreement, employees who are not members of the Union shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Union for collective bargaining and contract administration services rendered by the Union as the exclusive representative of the employees covered by said Agreement, provided that such fair share fee shall not exceed the dues attributable to being a member of the Union. Fair share fees shall be deducted by the Village from the earnings of non-members and remitted to the union’s Treasurer. The Union shall periodically submit to the Village a list of the members covered by this Agreement who are not members of the Union and an affidavit which specifies the amount of the fair share fee. The amount of the fair share fee shall not include any contributions related to the election or support of any candidate for political office or for any member- only benefit. The Union agrees to assume full responsibility to insure full compliance with the requirements of all applicable laws and regulations with respect to the rights of fair share fee payers. Accordingly, the Union agrees to do the following: 1. Give timely notice to fair share payers of the amount of the fee, including the major categories of expenses, as well as verification of same by an independent auditor. 2. Advise fair share fee payers of an expeditious and impartial decision-making process Board whereby fair share fee payers can object to the amount of the fair share fee, as well as their rights under the regulations and procedures of the Illinois State Labor Relations Board. 3. Place the amount reasonably in dispute into an escrow account pending resolution of any objections raised by fair share fee payers to the amount of the fair share fee. This list is not necessarily inclusive of all actions that the Union may be required to take to comply with its obligations. 4. It is specifically agreed that any dispute concerning the amount of the fair share fee and/or the responsibilities of the Union with respect to the fair share fee payers as set forth above shall not be subject to the grievance and arbitration procedures set forth in this Agreement. The indemnification provisions of this Article shall apply. 5. Non-members who are subject to the fair share fee and who object to paying fees to the Union based upon bona fide religious tenets or teachings shall pay ...
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Fair Share Payment. The monthly fair share payment shall be as 21 established by the Association, but in no event shall be greater 22 than the monthly dues paid by members of the Association. Fair 23 share payment shall be made to the Association or, for persons 24 with religious objections, to the Hospital Foundation.
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Fair Share Payment. Pursuant to Section 3(g) of the Illinois Public Labor Relations Act effective July 1, 1984, the parties agree that the Lodge certified proportionate share, which shall not exceed the amount of dues uniformly required of members, shall be deducted from the earnings of the non-member employees as their share of the cost of the collective bargaining process, contract administration and the pursuance of matters affecting wages, hours and conditions of employment subject to terms and provisions of any such fair share agreement. The amount so deducted shall be remitted semi-monthly to the Lodge.
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Fair Share Payment. Each nonmember of the bargaining unit represented by the Association shall be required to pay a fair share fee as provided for Act 84 of 1988. The District and the Association agree to comply with all the provisions of said law. The Association agrees to extend all nonmembers the opportunity to join the Association. If any legal action is brought against the District as a result of any actions it is requested to perform by the Association pursuant to this article, the Association agrees to provide for the defense of the District at the Association's expense and through counsel selected by the Association. The District agrees to give the Association immediate notice of any such legal action brought against it, and agrees to cooperate fully with the Association in the defense of the case. If the Board does not fully cooperate with the Association, any obligation of the Association to provide a defense under this article shall cease. The Association agrees in any action so defended, to indemnify and hold the District harmless for any monetary damages the District might be liable for as a consequence of its compliance with this Article; except that it is expressly understood that this save harmless provision will not apply to any legal action which may arise as a result of any willful misconduct by the Board or as a result of the Board's failure to properly perform its obligations under this article.
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Fair Share Payment. The monthly fair share payment shall be as 13 established by the Association, but in no event shall be greater than 14 the monthly dues paid by members of the Association. Fair share 15 payment shall be made to the Association.
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Fair Share Payment. The monthly fair share payment shall be as established by the Association, but in no event shall be greater than the monthly dues paid by members of the Association. Fair share payment shall be made to the Association.
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Related to Fair Share Payment

  • Fair Share Fee 1. The Board agrees to automatic payroll deduction, as a condition of employment, of a fair share fee amount as designated by the Association from all bargaining unit members who elect not to become members of the Association, or who elect not to remain members. 2. The Treasurer of the Board shall, upon notification from the Association that a member has terminated membership, commence the check-off of the fair share fee with respect to the former member, and the amount of the fee yet to be deducted shall be the annual membership dues less the amount previously paid through payroll deduction. 3. Payroll deduction of such fair share fee shall commence with the first payroll on or after January 15th of each school year. 4. Dues rates and fair share fee rates shall be transmitted by the Association to the Treasurer of the Board for the purpose of determining amounts to be payroll deducted, and the Board agrees to promptly transmit all amounts deducted to the Association. 5. The Board further agrees to accompany each such transmittal with a list of names of bargaining unit members for whom all such deductions were made, the period covered, and the amounts deducted for each. 6. Upon timely demand, non-members may appeal to the Association the payment of the fair share fee pursuant to the internal rebate procedure adopted by the Association, or such non-members may submit each appeal as provided by law. 7. The amount to be deducted from the pay of all non-Association members shall be the total dues as paid by members of the Association, and such deductions shall continue through the remaining number of payroll periods over which Association membership dues are deducted. 8. The Association agrees to indemnify the Board for any cost of liability incurred as a result of the implementation and enforcement of this provision provided that: a. The Board shall give a ten (10) day written notice of any claim or action filed against the employer by a non-member for which indemnification may be claimed; b. The Association shall reserve the right to designate counsel to represent and defend the employer; c. The Board agrees to 1) give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceeding, 2) permit the Association or its affiliates to intervene as a party if it so desires, and/or 3) not oppose the Association or its affiliates’ application to file an amicus curiae brief in the action; d. The action brought against the Board must be a direct consequence of the Board’s good faith compliance with the fair share fee provision of the collective bargaining Agreement herein; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (except due to court order) or misapplies such fair share fee provision herein. 9. The above fair share fee provisions shall be an exclusive right of the Association not granted to any other employee organization seeking to represent employees in the bargaining unit represented by the Association. 10. The Association and its state and national affiliates shall amend their internal rebate procedures to comply with the constitutional requirements of the current law and any subsequent decisions of a court of competent jurisdiction.

  • Fair Share Each teacher, as a condition for his/her employment, on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement, whichever is later, will join the Association or pay a fair share fee to the Association which will be a proportionate amount of the dues required of members of the Association, including local, state, and national dues. 1. In the event that the teacher does not pay his/her fair share fee directly to the Association, the Board will deduct the fair share fee from the wages of the non- member in the same manner as the deductions are made for members. 2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed: 1. The fair share fee will not exceed the amount of dues normally charged to Association members. 2. The fair share fee will not include any costs or contributions related to elections or political purposes. 3. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay the amount of the fair share fee to a non-religious charitable organization mutually agreed upon by the non-members and the Association. If the non-member and the Association do not agree, the non-member will select a charity from the list developed by the Illinois Educational Labor Relations Board. In the event of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and 2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will indemnify, defend, and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisions.

  • PRE-PAYMENT The Tenant shall: (check one)

  • Earn-Out Payment (a) As promptly as practicable but in any event within fifteen (15) Business Days following the date that is the twenty-four (24) month anniversary of the Closing Date (the “Measurement Date”), the Buyer will prepare and deliver to the Seller Representative a statement (the “Preliminary Earn-Out Statement”) setting forth in reasonable detail the Buyer’s good faith calculation of the Monthly Recurring Revenue of the Business. The Preliminary Earn-Out Statement will be prepared in good faith by the Buyer based on the books and records of the Business. (b) The Seller Representative may, within fifteen (15) Business Days after the date of receipt of the Preliminary Earn-Out Statement, deliver to the Buyer a notice setting forth in reasonable detail with supporting documentation any objections that the Seller Representative, in good faith, may have thereto. If the Seller Representative does not so object within such time period, the calculation of the Monthly Recurring Revenue set forth in such Preliminary Earn-Out Statement will be final and binding on the parties for purposes of this Agreement. If the Seller Representative so objects in good faith within such time period, then the Buyer and the Seller Representative will use good faith efforts to resolve by written agreement any differences as to the calculation of Monthly Recurring Revenue and, if the Buyer and the Seller Representative so resolve any such differences, the Monthly Recurring Revenue Amount, as adjusted by the agreed adjustments, will be final and binding on the parties for purposes of this Agreement. If any objections raised by the Seller Representative are not resolved by written agreement of the parties within fifteen (15) Business Days after the Seller Representative advises the Buyer of its objections, then the Buyer and the Seller Representative will submit the objections that are then unresolved to the Independent Auditor, which shall be directed to resolve the unresolved objections as promptly as reasonably practicable and to deliver written notice to each of the Buyer and the Seller Representative setting forth its resolution of the disputed matters. All determinations by the Independent Auditor will be based solely on the information presented to it by the Buyer or the Seller Representative and their respective representatives, and not by independent review. In resolving any disputed item, the Independent Auditor will be bound by the terms of this Agreement, including the definition of Monthly Recurring Revenue, and will not assign a value to any item greater than the greatest value for such item claimed by either party or less than the smallest value for such item claimed by either party. The calculation of Monthly Recurring Revenue, after giving effect to any agreed adjustments and the resolution of any disputed matters by the Independent Auditor, will be final and binding on the parties for purposes of this Agreement. (c) The parties will make available to each other and, if applicable, the Independent Auditor, such books, records and other information (including work papers) as any of the foregoing may reasonably request in order to review the Preliminary Earn-Out Statement. The fees, costs and expenses of the Independent Auditor will be borne by the parties in inverse proportion, as determined by the Independent Auditor, as they may prevail on the matter resolved by the Independent Auditor. (d) Promptly (but not later than five (5) Business Days) after the final determination of the Monthly Recurring Revenue as set forth herein, the Buyer will pay to the Seller Representative, by wire transfer of immediately available funds, an amount (the “Earn- Out Payment”) determined as follows: Monthly Recurring Revenue Earn-Out Payment Amount Less than $375,000 $0 An amount between $375,000 and $500,000 (and including $375,000 and $500,000) $3,750,000 An amount greater than $500,000 $5,000,000 If the Buyer fails to pay when due any undisputed amount owed by it under this Section 2.7(d), then interest on such undisputed amount will accrue at the per annum rate of ten percent (10%) from the date payment was due and payable until paid in full. (e) During the period from the Closing Date until the Measurement Date, the Buyer will (i) use commercially reasonable, good faith efforts to cause the Business to be conducted in substantially the same manner that the Buyer conducts its other operations, including with respect to capital efficiency and goals and rate of return targets, (ii) not reduce or defer recognition of any revenue with the intent of preventing or limiting the Monthly Recurring Revenue or the Earn-Out Payment calculated in respect thereof, provided that revenue may be deferred if such deferral is required by GAAP, (iii) employ or otherwise retain the Owners and use commercially reasonable efforts to continue the employment of the Key Employees and maintain the roles and responsibilities of the Owners and Key Employees with the Business as in effect at the Company Entities immediately prior to the Closing, unless any such Person is terminated for Cause, (iv) notwithstanding clause (i) above, make available to the Owners, for retention and expansion of the Business and the revenue described in Exhibit D, the Clarity Budget, (v) not dispose of any portion of the Business outside of the Ordinary Course of Business except for sale of the Business to a purchaser that agrees to be bound by the obligations set forth in this Section 2.7, and (vi) not in bad faith take or omit to take any action intended to impede or impair the payment of any Earn-Out Payment under this Section 2.7. (f) In the event of a Buyer Change in Control prior to the Measurement Date, an Earn-Out Payment equal to $5,000,000 will become immediately due and payable to the Sellers and, following such payment, this Section 2.7 will have no further force or effect. (g) The parties understand and agree that (i) the contingent right of the Seller Representative to receive the Earn-Out Payment on behalf of the Sellers shall not be represented by any form of certificate or other instrument, is not transferable, except by operation of laws relating to descent and distribution, divorce or community property, and does not constitute an equity or ownership interest in the Buyer, the Company Entities, or their respective Affiliates,